TRUSTEE’S SALE OF
VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust recorded in the Office of the Clerk of the County of Commission of Randolph County, West Virginia, in Book 288 at Page 8, and re-recorded in Book 302 at Page 427, Eugene D. Taylor, Jr. and Regina I. Taylor did convey unto , Douglas C. McElwee as original Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Elk River Trustees Inc., as Substitute Trustee by virtue of a Substitution of Trustee recorded on May 2, 2022, in Book 618 at Page 93 in the aforesaid Clerk’s Office; the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said Deed of Trust to sell the real estate described below, as there has been a default under the terms and conditions of said Deed of Trust. Therefore, the undersigned Substitute Trustee having been instructed by U.S. Bank National Association, as Trustee, for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1998-5 to foreclose thereunder will offer for sale, at a public auction at the front door of the Randolph County Courthouse in Elkins, West Virginia, on
October 16, 2024 at 11:00 AM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Huttonsville District, Randolph County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
Beginning at a 5/8″ rebar set in a line common to Taylor, DB 383/593, on the western boundary of a Rock Drive on or near the southern bank of a small drain; S 33* 42′ 36″ W 126.95′ leaving said small drain and traveling with the southern boundary of said Rock Drive through Taylors 1.349 acre tract, DB 309/442, of which this is a part, to a 5/8″ rebar set in a line common to Taylor. WB 33/175. Said rebar bears N 63* 38′ 20″ W+/- 278.0 ft. from the edge of County Route 46; thence N 63* 38′ 20″ E 137.44′ leaving said Rock Drive and traveling with a line or a portion of a line common to Taylor, WB 33/175, passing a 5/8″ rebar set at 120.03′, to a point on or near the eastern bank or Right Fork of Mill Creek; thence N 36* 08′ 16″ E 73.93′ traveling with or near the eastern bank of sale Right Fork of Mill Creek, passing a 5/8″ rebar set at 60.07′, to a point in a line common to Taylor, DB 383/593, on or near the bank of said small drain; thence S 84* 14′ 26″ E 150.77′ leaving said Right Fork of Mill Creek and traveling with a line or a portion of a line common to Taylor, DB 383/593, traveling with or near said small drain, to the beginning.
Containing 0.31 acres, more or less. as surveyed by Kenneth Kelly, Professional Surveyor No. 973. of Dailey. WV. in April, 1998
At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: HC 58 Box 50, Mill Creek, WV 26280.
The above referenced real estate will be conveyed with no covenants of warranty and subject to any and all easements, rights of way, conditions, covenants, restrictions, exceptions, reservations, leases and other servitudes, which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground. The sale of the referenced real estate will also be subject to all prior liens and including any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the subject Deed of Trust.
The subject property will be sold in an “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
In the event that there are federal tax liens against the property, the United States has the right to redeem the property within a period of one hundred twenty (120) days from the date of the sale. The Substitute Trustee reserves the right to adjourn the sale for a time, or from time to time, without further notice, by announcement at the time and place of the foreclosure sale described herein.
TERMS OF SALE
1. $3,000.00 (Three Thousand Dollars) in cash and/or certified funds made payable to “Elk River Trustees, Inc.” due as a deposit at the time of sale, with the balance due and payable within thirty (30) days of sale. Personal checks will not be accepted.
2. The purchaser at the sale shall be responsible for payment of all real estate taxes.
3. The purchaser shall be responsible for payment of the recording cost of the deed and also for payment of the tax on the privilege of transferring the real property (transfer tax) imposed by West Virginia Code ยง 11-22-2.
4. The parties secured by the Deed of Trust reserve the right to purchase the property at the foreclosure sale.
ELK RIVER TRUSTEES, INC.
714 Venture Drive, #132
Morgantown, WV 26508
Telephone: 304-241-6962
Fax: 330-436-0301
Reference file # 24-01732
Elkins-IM-Aug 30 & Sep 6, 2024